How In-Chambers Interviews Work During Custody Battles

Confused About In-Chambers Interviews? Here’s What You Need to Know

Divorces are rarely pleasant experiences for anyone involved. Even in cases where the split between parents is mutual, the complexities of splitting assets, negotiating fees, and trudging through legal necessities can be agonizing. One of the most difficult parts of the process is determining custody of a child (or children), as a number of difficult determinations must be made—all while protecting the best interests of the child involved.

​In-chambers interviews are a special legal procedure designed to make the process smoother while protecting the child’s best interests—but what are they, and how do they work?

​An Overview of In-Chambers Interviews

When a divorce involves two parents who both desire custody over a child, there are many factors that go into the final ruling. For example, a parent’s employment, stability, parenting abilities, and history all should be taken into consideration by a judge. Legally, in most areas including Washington, D.C., it’s also required to take a child’s custodial preference into account when making that determination. Put simply, the court needs to decide which parent the child would prefer to live with.

There’s a problem, however, with bringing a child to the witness stand in divorce proceedings. Being put in the spotlight and forced to choose between a father and mother can be an extremely stressful event for a child, especially if the child suffers from pre-existing mental health conditions, or in cases where abuse or neglect is involved. In-chambers interviews began rising in popularity as a way to relieve the stress of this situation while still enabling the child to speak their mind.

​In an in-chambers interview, the judge takes the child to private quarters, often with one other witness, to interview them about their custodial preferences. In most cases, the interview is also recorded so the court has a formal record of the child’s statements. Such an arrangement allows the child to speak more openly, because neither the mother or father is present, and because there aren’t as many people watching. It also produces a less traumatizing or scarring experience for the child involved.

The History of In-Chambers Interview Legality

In-chambers interviews haven’t always been an option, and they haven’t always been granted. However, thanks to some recent legislation in Washington, D.C., the vast majority of requests for in-chambers interviews instead of direct testimony are granted. Not only does this allow the court to collect more unbiased information about the child’s preferences, it also leads to a generally better experience for the child. It only makes sense that these requests be granted as often as possible.Either divorced parent may make a formal request for the in-chambers interview to take place, or the interview may be suggested by the judge, especially if there are extenuating circumstances surrounding the case that would make direct testimony an especially harrowing or unreliable method for determining a child’s custodial preference.

Situations Where In-Chambers Interviews Are Not Granted

However, there are some circumstances in which an in-chambers interview may not be granted. For example, if the court determines that a child has experienced particularly noteworthy trauma, such as in a case of abuse, any form of interview may not be an acceptable means to determine the child’s custodial preference.

If the experience would cause too much psychological harm, such as if a child is suffering severe depression or a similarly debilitating mental health issue, the court may similarly avoid the interview process. If the child is unable to communicate clearly, the interview may be denied or treated differently to ensure the accurate conveyance of the child’s preferences. The child’s age may also be taken into consideration, as older children are generally more capable of conveying their thoughts clearly to a judge (or the open court, for that matter).

Remember that there are a number of different factors that go into determining custodial preferences; if there is overwhelming evidence to suggest that one parent is better suited for the child than the other, the child’s custodial preference may not make much of an impact on the judge’s decision. However, in accordance with the law, a preference must be established.

If a child isn’t allowed to testify normally and an in-chambers interview is denied, there are still ways to determine a child’s custodial preferences. For example, the court may bring in circumstantial evidence to determine the child’s preference; in this case, either side may present evidence that a child prefers the company and parenting of one parent over the other. An example of this could include a series of photographs that show the child bonding more with one parent than the other.

​The court may also bring in eyewitness testimonies that demonstrate a preference toward one parent. For example, a family friend could attest that the child spends more time with one parent, or seems to have a stronger connection with one over the other. ​

​Should You Consider an In-Chambers Interview?

Your legal counsel will be able to definitively guide you in whether to pursue an in-chambers interview. However, there are some distinct advantages here you should be aware of. Opting for an in-chambers interview will likely get to the heart of the child’s custodial preference quickly, and in the most efficient way possible. It will also limit the child’s exposure to the stressful and intimidating environment of the open court. That being said, in-chambers interviews aren’t always the best way to determine those preferences and aren’t always granted. There are always alternative means of determining a child’s preference, and every case is unique.​If you’re currently going through a difficult custody battle, or if you know you’ll be going through a divorce in the near future, contact us at Shich Law. We have the expertise necessary to guide you through the legal complexities of divorce and fight for custody without intruding on your child’s mental health.